Originally published at: https://boingboing.net/2020/08/10/apple-bullies-small-company-ov.html
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9 Likes
Wait. So these fuckers think they own not just apples, but all fruit? And they think that applies not just to computer companies, but food prep?
Remember when IBM were the bad guys, and apple was the scrappy upstart? Those were fun times.
32 Likes
It’s unfortunate that Apple is putting them in this position… now they’ll have to keep that horrible logo on principle.
24 Likes
This just fills me with the grapes of wrath.
I love this part of Alexandra Petri’s send-up of last month’s big-tech congressional hearings:
Apple CEO Tim Cook : I’m honored and thrilled that people still think of Apple as maybe a large, predatory company that is crushing people out of the market! Please, ask me questions about the App Store! Remember the App Store, everyone?
6 Likes
There is also long history of Pear branded tech products (that were a parody of Apple) used on various Nickelodeon kids shows. (My daughter was big fan)
I can’t add links (new account?), but try googling:
fake-nickelodeon-products-pear-company
or
pear-products-dan-schneider
7 Likes
So far almost 30,000 people have signed a petition
That and $4 will get you a coffee at Starbucks.
7 Likes
I remember the days of all the fruity Apple II clones.
And Commodore 64s came with a plastic apple core.
5 Likes
I’m torn. On the one hand, I want to support small businesses against this kind of harassment and lawyer-stomping.
On the other hand, pears are just the worst. And this is a meal-planning app?! Don’t make me think about pears when I’m eating!
3 Likes
Apple’s really being an eggplant about this.
18 Likes
So dumb. It’s not even close to the same industry - there’s no brand confusion. Reminds me of when intel murdered a yoga program that provides classes for jails and schools for their name “Yoga inside” and insisted that they own all “____ inside” instances.
16 Likes
People, this is literally how trademarks work. The Prepear trademark has already been approved, this is within the 30 day window for response by concerned parties.
https://tmep.uspto.gov/RDMS/TMEP/current#/current/TMEP-1500d1e181.html
If you don’t defend your own trademark, it can cause confusion or invalidation. It wouldn’t surprise me that one of the world’s most recognizable brands would protect their trademark, and Apple even uses a green logo in their environmental report (see Page 5): https://www.apple.com/environment/pdf/Apple_Environmental_Progress_Report_2020.pdf
Everyone’s jumping to conclusions, and I’d be interested in seeing what Apple actually said in their response.
8 Likes
Reminds me of the time MS sued a guy over his domain, which was based on his name: MikeRoweSoft
They had also sent him a massive cease and desist document which he auctioned off to raise money for his defense IIRC
10 Likes
But (IANAIPL) trademarks are specific to an industry. Apple’s only obliged to defend its trademark if there’s a real risk of brand confusion or the mark in question is in Apple’s domain. Which neither thing holds. It doesn’t matter if “Apple did their logo in green once” unless that use is so prominent and makes the similarity so acute as to risk confusion.
12 Likes
A pernicious myth. Trademark law simply does not strip you of a mark simply because you’ve failed to police one case of infringement or decided to condone one.
(In fact, in borderline cases, one graceful way to prove NON-abandonment is to offer the putative infringer a limited license to the mark.)
The owner of a mark is not required to constantly monitor every nook and cranny of the entire nation and to fire both barrels of his shotgun instantly upon spotting a possible infringer. Lawyers and lawsuits come high and a financial decision must be made in every case as to whether the gain of prosecution is worth the candle.
(addressing the argument that a trademark was abandoned because other infringers had used the mark without being prosecuted). Almost the only way that a trademark abandonment defense can be successful is if the original holder no longer uses the mark in trade, or if the infringer has been using the mark openly and notoriously for years in a way that the holder knew or should have known was infringing. The burden of proof for trademark abandonment is on the infringer.
11 Likes
I was going to suggest switching to a tomato, but that’s also a fruit. How about broccoli ?
6 Likes
My mom says they taste like dirt.
5 Likes
This is rubbish. Logos are not only completely different but they are two different industries. Just what is Apple playing at? Are they going to sue tinned fruit companies for showing a picture of the contents on the can? Maybe they will also go after drinks companies that show apples on their bottles or cans, because that’s what they use. Just one more reason to loath Apple and their over-priced glitter.
6 Likes
